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H-2B PROGRAM

The H2B program allows US employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.  This visa is only available for work that is temporary in nature. For H2B purposes, that means:

 

  • Recurring seasonal need;

  • Intermittent need;

  • Peak-load need; and

  • One time occurrence.

 

The employer must also prove that there are no US workers available, willing or able to do the work. This is established through a labor certification process.

 

The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa under certain circumstances.

 

The H-2B visa is limited to citizens of certain countries (the list of countries is updated every year) and the total number of H-2B visas that can be issued to new applicants in a fiscal year is capped at 66,000.  

 

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the cap.  For additional information on the current H-2B cap, and on workers who are exempt from it, see the "Cap Count for H-2B Nonimmigrants" page. 

 

There is no maximum age for the H-2B workers; however, individuals must have the physical capacity to perform the work required.  

 

The minimum age can vary based on the type of employment and restrictions under state and labor laws, but H-2B workers are typically at least 18 years of age. 

 

For more information please click here

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